11 - Strcit Liability

Source: Unlocking Torts

Following is the summary of this chapter:

1) Introduction - See the gap left over by Trespass, Negligence and Nuisance which Strict Liability attempts to fill (Rylands v Fletcher)

2) Strict Liability - Ingredients: (a) Bringing into land and keeping there (b) Something likely do mischief (see the important Transco's case) (c) The mischievous thing must escape (see two important cases Read and Miles) (d) Non-natural use

3) Parties to the action - Claimant must have proprietor interest in land, defendant may not

4) Defences - (a) Statutory authority (b) Consent (c) Act of stranger (d) Act of God (e) Default of claimant

5) Problem with the rule

6) Liability for fire - Fires Prevention (Metropolis) Act

7) See the table on page 342 which summarises these torts. This table is very useful.